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Desmarais LLP

Desmarais is a trial boutique focused on the litigation of complex, often technology-driven disputes. Our lawyers have successfully tried some of the most important IP disputes in recent times for some of the largest companies in the world. We also handle significant appellate matters, having argued the appeal of numerous cases that have shaped the substantive direction and development of IP law.

Clients

Desmarais represents a diverse set of clients, including both plaintiffs and defendants, in a wide variety of technology areas. Our clients include Fortune 100 companies which rely on us to protect their most important IP assets and to defend them against claims that jeopardise their critical business interests. In addition, we represent smaller entities, including individuals, that seek to enforce the exclusive rights in their inventions or technology.

Litigation

Our firm handles all stages of litigation and we have significant trial experience in every major forum for technology disputes in the United States. We have successfully tried cases before juries and judges throughout the country, as well as before administrative bodies (including the International Trade Commission) and arbitration panels. At the appellate level, we have successfully briefed and argued cases before numerous appellate courts, including the Court of Appeals for the Federal Circuit.

Desmarais and its lawyers have been consistently recognised in industry publications as leaders in its areas of practice, and virtually all are technically trained, with degrees in engineering or the sciences. In addition, the firm boasts an unusually deep bench of lawyers with real-world jury trial experience, particularly in the nation’s busiest districts for patent litigation. Whether for jury trial, bench trial or appellate argument, in whatever jurisdiction, our focused approach will bring a lean team of experienced and creative professionals dedicated to achieving clients’ business goals.

Although the cases that we litigate span a wide range of subjects, Desmarais’s practice centres on technology-related disputes. Our lawyers have achieved successful trial results for clients in dozens of patent infringement cases, concerning technologies as diverse as semiconductors, telecommunications and networking, computer software, consumer electronics, pharmaceuticals, medical devices, biotechnology, chemicals and transportation. On appeal, we have preserved both offensive and defensive victories for our clients in various subject matter areas, obtained reversal of adverse results and steered the development of substantive law in our clients’ interests.

Our technology litigation expertise extends well beyond patent infringement cases. We have also successfully litigated, for both plaintiffs and defendants, a wide range of other technology-driven disputes, including antitrust, unfair competition, trade secret, fraud and contract claims. Further, even beyond technology matters, we have built a strong track record of litigation success in other IP areas. For example, our attorneys have successfully conducted trials and appeals in high-profile trademark, trade dress and counterfeiting matters.

Innovative fee structures

In addition to our record of success, our flexible and innovative approach to fee arrangements sets us apart from other top-tier firms that handle the same types of large, complex litigation. We have abandoned the traditional (and frequently inefficient) billable-hour approach in favour of fee arrangements more closely tailored to clients’ interests. For clients that want predictability, our fee structures will accommodate a flat fee negotiated at the outset. For those interested in a shared-risk approach, we are open to contingent fee arrangements and hybrid fee structures tailored to meet the needs of our clients and the case.

Contact details
Desmarais LLP
230 Park Avenue
New York NY 10169
United States

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